tv Americas Lawyer with Mike Papantonio RT June 18, 2017 8:29pm-9:01pm EDT
these are incredibly difficult for doctors to perform and for patients and their families to have to endure their invasive their link the in their require months of . recouping from it they also come with all the risk that all surgeries come with bad reactions they anesthesia infections and surgical errors and now sadly enough is another thing that patients and doctors have to be concerned about according to the latest f.d.a. warnings a device for the xbox live in those called the stocker three t. heater cooler might be increasing the risk of very serious infections in heart patients tonight will tell you about the health risks these devices pose and why the company we used to take action even though they knew their device was causing severe bacterial infections and later in the show i'll talk with sharon cousins executive editor of travelers magazine to talk about what we should do about cyber bullies so don't go anywhere america's lower starts now.
so. when patients go in for any kind of heart surgery they know that they're undertaking huge risks but these are risk of the patients know are necessary in order to survive sadly a company called live in nova has caused an unnecessary increase in the risk for heart surgery patients by supplying american hospitals with a medical device that's packed with bacteria this devise is called the stockard three t. heater cooler it's a heater cooler device it's absolutely essential when a patient undergoes heart surgery whether you're having a valve replaced or an entire heart transplant or a bad paste or just bypass this device is what's circulating in your blood it's heating and it's cooling it outside your body and keeping you alive during this procedure the stockers. three t.
heater cooler is used in sixty percent of heart surgeries and states so the odds are that if you've had an open heart surgery this device would have been involved what we're learning now in what the f.d.a. has been investigating for years is that these devises may have what's called biofilm it's a bacteria inside of them that's actually being emitted in spewed out into surgical fields getting in people's open chest wounds during the surgery and causing devastating injuries and deaths in some cases live in though the manufacture of these stockard three t. devices at their lab in europe and in those labs there was a bacteria called in to him it's a very rare form of bacteria to cause an infection but it's everywhere in the environment and patients who are exposed in t.m. during open heart surgery can develop symptoms that can take months to recognize which means diagnosing and treating this infection is very difficult what happens with the socket three t. devices that the water tank controlling the patient's blood temperature becomes
contaminated with this very specific type of bacteria from the manufacturing plant when it showed up in hospitals in american throughout the world doctors didn't know surgeons didn't know and hospitals didn't know that there was already this bacterial contamination but when these devices were turned on during open heart surgeries patients became infected and as usual the f.d.a. was dragging their feet in controlling the problem. for more of the dangers of stockard three t.v. devices i'm joined now by attorney kim adams kim start by telling us exactly how these devices are used during searches why are they necessary. well there necessary as you alluded to earlier to keep the blood the circulating blood at a specific temperature during the six hour plus surgeries so it's
a blanket these devices are attached to a blanket that sort of helps warm and cool the person the patients and circulating blood well what's the dangers of these devises amid the bacteria but what is the real deal the real danger isn't that people don't know about this is a sort of broader sure the real danger there's a lot of real dangers that the real danger for why these patients are susceptible a they have an open wound many of them have lower immunity systems so you have this bacteria that's transmitting into the operating room area up to six hours or more directly into these patients womb so you've got those issues plus you've got the delay this is a slow growing bacteria that can take years to actually surface sometimes it's maston sometimes it's and we can get into that a little bit more but sometimes these patients don't know they're not symptomatic or if they are symptomatic doctors might think it's a respiratory illness and treat it with some run of the mill and in a biopic well from what we know right now tim was the company aware that their
devices were loaded with this but turia they've been aware for many years i believe yes at least twenty fourteen the evidence is still surfacing on those but we absolutely know that these manufacturing plants in germany were not to good manufacturing standards the installation process the manufacturing process the storing process all contributed to the contamination of these devices and what's more is you can't get rid of this infection you can't get rid of this bacteria in these particular devices talk about that just a little bit i mean ok the surgery is complete the patient goes home when my this bacteria problem manifest itself for a patient is it months weeks years when when might it manifest in what type of so occur when it does manifest itself. right ok so it can be weeks it can be potentially days but normally it's a slow growing bacterias it's going to take weeks to sort of manifest itself you're
going to have nights which you may be symptomatic it could take years we've got some callers in some cases and some of our clients who were exposed in two thousand and eleven and didn't surface the actual diagnosis of in t.m. until twenty sixteen twenty seventeen z. can have up to five years is what we have documented knowledge about this infection coming forward so but like i mentioned before it takes eight weeks to grow this particular bacteria sometimes and so doctors might be treating it with an antibiotic that they think is going to treat respiratory symptoms and so even those particular cultures when they grow negative may not be negative it may have just been suppressed by these respiratory type antibiotics if you will kill or if this is so common in the environment could you tell us why it's such a problem even if it's everywhere it's ubiquitous bacteria why is it such a problem in this. well i think that part of the problem is you've got open wounds
and it's not just an open wound like an open cut on your foot this is a person's chest it's opened at you've got these bacteria transmitting in the air for up to six hours or more and it's not just a little bit of bacteria this is a constant ventilation where it's continuously flowing through the operating room and then you have patients who may be and have immune systems that just are not up to par if it's you or i or someone who's not got it i mean issue they may be able to battle these types of infections but for this particular patient population it's devastating to them ok so so it could be year later the some physical problem manifest itself the doctor might think it's a fluke and think it's anything and ultimately if they do if they knew if they if they knew about this bacteria they think knew about the heart surgery if they knew how to connected they could maybe do something about this is that is let's go the way i see this is this more is that about right well true doctors now that we are having some idea that this is actually happening can actually test particular or do
particular test to find this type of infection but before all of this to sort of thing surface doctors didn't even know to run this type of blood test this is an eight we like to as it's a very specific blood test so doctors didn't know what they were treating necessarily they would have to go through a process of elimination this infection takes months and months and months to try to resolve it is not just a seven day in about a can you're done it can be surgery people are losing bones they're losing muscle they're losing tissue and they're having these significant antibiotic treatments for months of their life once the diagnosis actually happens well it's like f.d.a. is done it again there's sleep at the wheel they haven't done this just done their job they've known about this for several years they allowed it to go on without taking taking any action what is your take on the f.d.a. is deplorable conduct on this one. it is unfortunate again that we have at least at least from the european notice these things happen in august of two thousand and
fourteen the f.d.a. took a year or so to actually make comment and tell the manufacturer give them a slap on the hand hey your manufacturing processes are not up to snuff you know get it together but it's not until two thousand and sixteen or later that they actually start letting hospital staff hospitals and potentially patients know that this is something that's very serious you need to look at and what's even worse is you know they were advising people along the way trying to mitigate the exposure by cleaning these devices but what we now know is you can't clean this bacteria out of these devices so you know finally the f.d.a. has come around and has issued some more strength to the idea that they're telling hospitals unless it's a life threatening situation do not use this device remove it at all cost if you can and have them have the understanding that this is this is the potential exposure you're giving your patient if you if you have this particular virus on hand for that procedure let me circle back out on his own selves and you said you
care actually fix this problem by cleaning the device that i give their oil. correct our allegations are that you cannot clean this bacteria the device it's in the tubes it's in the ventilation systems it's in the exhaust systems so from what we see you cannot just flush because a lot of the manufacturers standard procedures for this particular vices flush it clean it sanitize it but what we're fine you should do that as an op in an operating room doctors hospitals know they need to clean and have a sterile environment the problem with this is you can't make this sterile and so although all these years you're trying to tell him make this sterile they can't do that you know so real quickly how did the company react when the f.d.a. warned them you got to fix the problem of course i'm not alone the f.d.a. off at all the f.d.a. needed to take its right actions to do something but as usual they did but how did the company react when the f.d.a. said do something here. well they're still being used yeah they're still cross the
they're still across the country i think a lot of hospitals have finally decided not to use them but you know the proof going to be in the pudding have they corrected their manufacturing process is likely no they're still fighting you know it we got rulings just yesterday i think that. does not want to be a participant in this litigation they don't think that that they should be a participant in this litigation so they're not taking responsibility is the same song and dance with these large white manufacturers they're not taking responsibility for a device they know was manufactured under poor conditions the f.d.a. yes unfortunately dragged their feet and so now we have this patient population that's one hundred fifty thousand cardiac patients with that sixty percent a year for the last four or five years i have been exposed to this care my hope you'll stay on top of this is another incredible story of corporate america and the f.d.a. regulators not doing their job the government sits by and sleeps as these types of things happen coming up i'll speak with bearing cousins about whether cyber bullies should be prosecuted stay tuned.
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basically everything that you think you know about civil society have broken down. there's always going to be somebody else one step ahead of the game. we should not be in this normalised thing. we don't need people that think like this on our plate . this is an incredibly tense situation. lawmakers in the state of utah have approved a new law that's meant to crack down on the increasing problem of cyber bullying the new regulation gives prosecutors the ability to send online bullies to jail for up to one year and makes it a crime to post personal information about a person online this meant to intimidate or abuse or threaten or harass or frighten or even disrupt the. tronic communications of another person critics of the law say
it's too broad and could penalize people for their first amendment rights but supporters say this is the only way to crack down on targeted online threats here to talk about this issue is fair and cousin's executive director of the trial lawyer magazine ferran start by telling us how bad this issue of cyber bulling really has become in united states. well according to statistics from the d.o.j. eight hundred fifty thousand american adults and the last year have reported reported being cyber bullied fifty two percent of high school aged children have reported being cyber bullied with thirty three percent saying they've received cyber threats from other students and their peers so so it goes beyond bullying and now they're being threatened online by these people we know that twenty percent of high school age children have freely admitted that they have joined in to cyber
bullying when they've seen someone attacking someone else online they jump in and do that you know we we have i think about eighty five percent of children under the age of seventeen have a social media account and many of instances that their parents set up for them so they have plenty of access to the entire world they they've got access to people and they use this online cloak of anonymity or even if they know who they are they use it as a way i can say things behind your back online that i couldn't say directly to your face it gives them this level of confidence that in the past they didn't have you know they they can say whatever they want to without having to see somebody and see that reaction and we do know according to health statistics people who are cyber bullied adults teens and children alike report feeling depressed feeling sad feeling angry and ultimately they feel like their entire self-worth their self-confidence has completely disappeared because of the cyber bullying can you
explain what this law and what one of the attempting to do here i mean it's obvious to me you know you have to stop it i totally agree you know you either have to put some parents responsible for this where the parents have got to pay for pay some money damages you know they've got a kid that's got you know a screw loose. he thinks this is fun driving somebody to suicide well maybe that parent needs to be pulled into this case since their supervisory of of that since the machine process of the computer is probably in their home there's a lot of things that can be done here but what are they trying to do in utah. well basically what they want to do in utah is make sure that any kind of cyberbullying that would specifically identify someone or where that person lives make that a criminal activity it is a very narrow focus but they've learned from mistakes that we've seen in states
like new york and north carolina where there cyber bulling laws were struck down by the courts because they said they were too broad basically what you're trying to do would have this chilling effect on the first amendment and would lead to they always like to go to the scare tactics they always tell us if you say something negative about somebody the color of their house or if you say something negative about a politician they can turn around and prosecute you for that you don't want that do you and that's how they sell it to the public saying look this is a huge violation of your first amendment rights when in reality it's trying to save people's lives we have students teenagers and children across this country who have committed suicide due to cyber bullying and a discussing trend that's happening is that after they commit suicide on their facebook memorial pages they are still being bullied by the same students who didn't learn a thing from it so fair and obviously you got these little free these little
teenage free that think it's cute i mean you know draws drive somebody to suicide but you also if i'm looking at this case we've you know i will get this case i'm saying well you know what i want to go after the child and i'm going to put a judgment against the child for the rest of their lives i'm going to go after the parents and i want to put a judgment against the parents for the rest of your live their lives i don't really buy into the first i'm in the problems here because always with first amendment you have competing factors called police powers and that has to do with health safety and welfare can we be sure that the that our citizens are safe that's always balanced the grants against first a member that's why you can't yell fire in a theater and people end up getting killed because of you you yelling fire in a theater so i'm not totally sold on this being a problem i think this is something that has to make of the united states supreme court what do you think. oh absolutely nido we do have other countries are our neighbors up in canada the united kingdom they have very strict cyber bullying laws
because they don't necessarily have this kindergarden written you know first amendment that says you can't restrict anything we have to understand look when this bill of rights was written yes it was written for a purpose it's still serves a purpose today but we have to understand how much things have changed in the centuries since this was written and we do have to adapt you know we're not trying to infringe on somebody's first amendment freedoms we're trying to save people's lives from these people who see nothing wrong with pushing a person to suicide and having absolutely no accountability when they do it you know i mean look here's the way you see the countability has to do with this misdemeanor if a child a teenager when he's free teenagers walks into a store and steals a candy bar there's a misdemeanor charge there's going to be there's going to be something problems that attach to that but here the other part is in this is this is where i think this is going to develop lawyers are going to start suing the entire family they're
going to sue this child it doesn't make any difference whether he's a child i mean if sixteen year old kid get a judgment against him that he has to deal with for the rest of his or her life that's the new trend i think we're going to see happening here fair now because otherwise nothing ever happens you have these little you know you get you've got these kids that are maladjusted the parents not overseeing what they're doing they don't teach their children very well that this isn't some they should do so i go after him for misdemeanors possibly even felonies second of all money judgments that follow the family around follow the child around and possibly even the parents around for the rest of that child's life that's that's the only way i see out of this affair and thank you for joining me ok. thank you. a popular phone app is facing questions about whether it does enough to protect children from predators the apps called musical allows users to create short video
clips of themselves dancing and lip synching to songs and it's used by many young children but some parents of have warmed that this can put children danger by allowing anyone to follow in last year a father in the united kingdom detailed in a series of facebook posts that a stranger had been sending sexually explicit messages to his eight year old daughter and other parents have reported similar stories here to talk about that in the company's responsibility their legal responsibility to protect its younger users is molly barrows a legal journalist with the trial lawyer magazine molly what is this we're really seeing bits and pieces in the media finally yes it's interesting and there are a lot of lack of apps like it so you've got musically which is essentially started out as an education act but when it was in a financial success as an online education tool the organizers creators of the sap turned it into basically an online entertainment tool where they partner with
various music companies to get their music out so kids can choose from a list of songs and create fifteen second short little music videos well some of the songs are pretty risque so these kids are in essence making adult content they're dancing provocatively they're singing along to lots of lyrics that have foul language maybe you know supporting a gangster lifestyle a few well so a lot of parents don't like it for that reason because it's easy for kids to access and behave poorly the way it's set up with these lights it almost becomes addictive for these kids to interim like each other's videos so that ups the ante they perform more and more outrageous things to get the attention and then it's easy to go down the rabbit hole there's also some extremely adult made in adult created content. and that includes preorder fee and other acts of violence that these kids don't have a hard time finding even when they're on there now the company says kids under thirteen aren't allowed to use the air what does it mean i mean you know you see it all the time i mean the cope of the understands there's no there's no question this
company clearly understands the this note about would you if you're under thirteen you can use that company's part of the city where what are major concerns about how children are using this one of the what are the big concerns so many concerns again who's monitoring them you know these companies want to put it back on the parents' laps but going back to musically when they say no kids under thirteen they don't even require you to put your age in there is how are they really going to know and then you have other apps like qik k.-i k which don't even require you to put a number in there so you can register as an anonymous user forty percent of the kids who use that app are teenagers so a lot of these entertainment apps are geared towards kids in the concerns are they're going to be exposed to predators and they're going to embarrass themselves at the least when they get old enough maybe they're making some content that shows up when a future employer is trying to research them and see what comes up when they google their name so when you're thirteen and you made this inappropriate little video that could come back to haunt you and then on the other worst end of the scale
you're opening them up to targeted being targeted by predators and these companies are essentially there's not a lot of regulation you know the strongest rule that we've got right now in the united states is something called the children's online privacy protection and we know of no it was just absolutely nothing well because again it's saying if you're deliberately marketing to kids under the age of thirteen then you need to abide by these rules well all it does is encourage these companies to avoid creating apps that actually create good content kids that are required to go and put their age and are going to lie some have to get printed consent and these companies and you talked to me even the president of musically he did an interview with another media source about a year ago and he said hey we're trying to work with parents we get feedback from parents all the time we want to make this a. if the bottom line is money got about thirty seconds what are the legal challenges against the should be put forward of this or what have we seen so for now a lot because it's where do you find the you know where do you find the hawk to file the lawsuit where do you prove the damage and these companies again are trying to
put it back in the laps of parents overall you know we've made it so that they have to get parental permission and even this rule says you know we're trying to give parents the control that they need to monitor their kids and they all put it back in well parents should be paying attention but the bottom line is it's almost like the old thing when the camel is that marketing cigarettes to kids with cartoons you know kids are going to use it what steps are you taking to help even when parents are watching for it mentality at work again finally tonight a small degree of justice for the victims of new york city's most notorious slumlords steven croman also known as bernie made off of landlords has pleaded guilty to grand larceny tax fraud and falsifying business records is part of his plea deal he's going to spend one year in rikers island prison and pay five million dollars croman owns more than one hundred forty buildings across manhattan for years in these private investigator to harass and strong arm his tenants into accepting buyouts at rent control properties all so he could charge the next
resident a ridiculously high rent in addition croman also filed false documents that inflated the price of rent controlled units in order to receive multi million dollar loans from major banks in just three years he received more than forty five million dollars through this scheme while this plea deal lets croman off the hook far too easily at least he's going to serve actual prison time for almost not it's almost a nonexistent penalty for white collar criminals today who commit financial crimes so that's the positive spin there that's it for tonight be sure to check out our new web site they tell dot law you can actually talk to an attorney about any of the stories we cover on the. i might have been told you know this is america's lawyer every week we tell you the stories the corporate media is ordered not to tell because their advertisers won't let us have a great night. look.
corporations corporations run washington washington media the media. voters elected the businessman to run this country business equals power you must it's not business as usual it's business like it's never been done before. i do not know if the russian state hack into john podesta e-mails and gave them to
wiki leaks but i do know barack obama's director of national intelligence has not provided. to support his claims of russia i also know he perjured himself in a senate hearing three months before the revelations provided by edward snowden he denied that the n.s.a. was carrying out wholesale surveillance of the us. the hyperventilating corporate media has once again proved to be an echo chamber for government claims that cannot be verified you would have thought they would have learned something after serving as george w. bush's useful idiots in the lead up to the invasion of iraq. it is vitally important that the press remains rooted in a fact based universe especially when we enter an era when truth and fiction are becoming indistinguishable. something. we're. going to be.
breaking news this hour on the hard see the u.s. led coalition has shelled in a syrian fighter jet. the coalition say. it was an allegation from the jets opposition forces. launch missile strikes against. terrorist positions and. with the top stories from the past seven days and right up to the moment developments well you're welcome.